KNIGHT v. MIDLAND CREDIT MANAGEMENT INC.
MEMORANDUM ORDER THAT DEFENDANT'S MOTION TO DISMISS (DOC. NO. 24 ), IS GRANTED AND THE SECOND AMENDED COMPLAINT IS DISMISSED WITHOUT PREJUDICE FOR PLAINTIFF TO ATTEMPT TO PLEAD A CLAIM IN A THIRD AMENDED COMPLAINT CONSISTENT WITH RULE 11 AND THE ACCOMPANYING MEMORANDUM FILED NO LATER THAN 11/22/2017. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/8/2017. 11/8/2017 ENTERED AND COPIES E-MAILED.(amas)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MIDLAND CREDIT MANAGEMENT
AND NOW, this
day of November 2017, upon considering Defendant's Motion to
dismiss the Second Amended Complaint (ECF Doc. No. 24), Plaintiffs Response (ECF Doc.
No. 25) and for reasons in the accompanying Memorandum, it is ORDERED Defendant's
Motion to dismiss (ECF Doc. No. 24) is GRANTED and the Second Amended Complaint is
DISMISSED without prejudice for Plaintiff to attempt to plead a claim in a Third Amended
Complaint consistent with Rule 11 and the accompanying Memorandum filed no later than
November 22, 2017. 1
We allow leave for a third attempt to state a claim as the Second Amended Complaint raised a
new theory for the first time, which we find does not state a claim as plead. We will close the
case if Plaintiff elects not to timely amend.
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